Rising Alcohol Defense

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Definition of Rising Alcohol Defense

A rising alcohol defense is built on the idea that blood alcohol levels may change over time as the body absorbs the alcohol than eliminates it from the body. Defense attorneys may argue that although a driver's BAC (blood alcohol concentration) may have been greater than 0.08% or higher at the time they were chemically tested, their BAC may have been less than the legal limit when they were actually operating the motorized vehicle.

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